When trying to recover compensation for an injury that happened on someone else’s property, did you know that all states are not created equal? I’m not just saying this because I live in the best state of all, Texas; I say this because the hurdle that any plaintiff must face is dependent on the nature and extent of the property owner’s duty. This duty will vary depending on the facts and jurisdiction of the situation.  Listed below are two different methods that states use to determine if damages will be awarded to a plaintiff when the injury is sustained on someone else’s property.

Some states focus solely on whether an injured visitor on your property is an invitee, licensee, or trespasser.

• An invitee is someone who has been invited onto your property, such as a customer in a store. In this situation the owner of property is required to exercise reasonable care for the safety of the invitee.
• A licensee is someone who enters upon the land for his or her own purpose, and is present at the consent, but not the invitation, of the owner, much like a door-to-door salesman. The owner’s duty to a licensee is only to warn of hidden dangers.
• A trespasser is an individual who enters onto a property without the knowledge or consent of the owner.  The owner’s only duty is to not place traps and hazards on their property, and warn trespassers of any hazards that can cause serious injury or death like a dog.

Other states focus upon the condition of the property and the activities of both the visitor and owner, instead of considering only the status of the visitor.

• In these states there is a uniform standard that requires the property owner to exercise reasonable care to both invitees and Licensees when on a property.
• Trespassers are factored into these states are when you are dealing with foreseeable harm to a child.  A classic example of this is a property owner’s duty to fence, gate and lock a pool in a manner that keeps children out.  If the property owner fails to do so and a child is hurt, they are liable for damages.
• In these states it is the burden of the plaintiff to prove that reasonable care was not meet by the property owner.  To do this there must be an examination of the circumstance when entering the property, the use of the property, the foreseeability of the plaintiff’s injury, and the reasonableness of the care taken to place a warning or fix the condition.

While this article defines the different methods used by states to determine damages in accident’s which occur on another’s property, it has probably left more questions than answers.  If you don’t know the way your state determines damages you should contact an attorney to find out.  If you or a loved one has been involved in an accident in Texas that occurred on someone else’s property and need some guidance, contact Haire Law Firm for a free consultation to see how we can help.

Let’s face it; driving is a big responsibility.  Most people do not understand the fact that driving is considered a privilege by the states that issue our licenses.  The police and the driving laws they enforce can only protect us so much.  While driving a vehicle is hard enough to do with law abiding motorists, it is even harder to do with those who take this responsibility lightly.  In 2008 over 10.2 million car accidents were reported, of those. 33% resulted in a fatality.  While this number is relatively low, the numbers of fatalities from big rig accidents are much higher.  That same year, of the 123,918 accidents reported, a staggering 3.9% resulted in death.  With an estimated 15.5 million trucks licensed to drive in the U.S., our highways only seem to get more and more dangerous when traveling.  Because most vehicles are at a disadvantage if they get into an accident with a big rig, listed below are questions you should ask to know if you need a lawyer because of wrongful death.

Did the driver fall asleep?

• Sleep deprivation
• Log book violations for driving to many hours
• None stop driving with no breaks

Was the driver driving under the influence?

• Alcohol
• Drugs
• Prescriptions

Was the driver careless?

• disobeying traffic laws
• equipment violations
• Unsafe lanes changes

Was the Driver Distracted?

• Texting while driving
• Using a cellphone
• eating

Was there poor truck maintenance?

• No regular maintenance
• Bad breaks
• Bad tires

Was there improperly loaded cargo?

• Improperly packed load
• Unsecured cargo
• cargo overloaded

Unfortunately, 18 wheeler accidents often end in serious injuries and fatality.  If you or a loved one has been hurt or killed due to the negligence of a truck driver or answered yes to any of the questions above, visit www.hrj-law.com to set up a free consultation to discuss your case.

Motor vehicle accidents are the leading cause of teen deaths, accounting for 38% of all teen fatalities in the U.S. In fact, every day, more than 10 drivers in the 15 to 20 age group are killed in car accidents. An additional 745 are injured.

If you or your child have been hurt in a motor vehicle collision caused by someone else’s negligence, contact a us today to learn about your legal rights. You may be able to recover compensation for your lost wages, medical bills and even your pain and suffering. Send us a message here.

The Haire law group

www.hrj-law.com

940-484-5555

• Car accident
• Motorcycle accident
• Truck accident
• Pedestrian accident
• TBI- Traumatic brain injury

The Haire Law firm, 940-484-5555

Whether you were riding a Harley or a Honda, seek legal and medical attention after an accident. Motorcycle crashes usually involve distracted, inattentive, or drunk drivers, or hazardous road conditions, and can result in:

• a motorcycle being forced off the road
• a head-on collision with the other vehicle
• a motorcycle being hit at the side or rear
• a motorcycle going down in the road, vulnerable to other traffic
• a motorcycle being tossed in the air

Legal Representation by a Fellow Motorcyclist

Our cycle-riding, motorcycle crash lawyers understand the prejudice and bias that are often directed at motorcycle operators, first-hand. In accidents involving motorcycles, we know that the motorcycle driver often is assumed to be at fault. Our Texas attorneys, Rocky Haire and Justin Steinbock, know how to combat this bias in pursuing your claim for motorcycle injuries suffered as a result of the carelessness or inattention of another driver.

A used car dealer has a duty to discover and repair any obvious defects in the vehicle, or defects that are reasonably discoverable.

Contact Rocky Haire and Justin Steinbock at the Denton office of Haire Law Firm to schedule an initial consultation about Motorcycle Accidents.

Why You Need Compensation for a Child’s Injury

While compensation cannot erase the fear, the anguish, and the pain your family is experiencing, it can help with medical bills, rehabilitation, emotional suffering, nursing care at home, and many of the costs associated with a serious accident to your child. To discuss filing an accident injury claim for your child’s injures, contact the compassionate and knowledgeable accident injury lawyers at our firm today. Contact Haire Law Firm, to schedule a free initial consultation.